April 14, 2010

State of New Jersey in the Interest of C.V. (A-6-09)

State of New Jersey in the Interest of C.V. (A-6-09) 3-22-10

The Supreme Court has no disagreement with the
Appellate Division’s unassailable determination that
C.V.’s placements in YCS and VisionQuest do not
satisfy the intended concept of detention in Rule
5:21-3(e) to qualify for mandatory day-to-day credit.
In addition, the Court holds that the Family Part
court retains the flexibility, in appropriate cases,
to grant a probationer who violated or otherwise
imperfectly performed the conditions of probation any
sentence the court could have initially imposed.

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